Saturday, November 8, 2014

What will happen to my son who was Arrested for Burglary & Resisting? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:    What is the process for a first offense burglary?  My 19yr son is being charged with burglary for taking a bike. He and friends went into someone's backyard and they were home and saw the kids and called police. He then got into an argument with the police about them being there and got charged with resisting arrest without violence... Sigh what is the process and what are our next steps? Not a good 5am call....

A:     Chosen as "Best Answer" by Asker on AVVO!

Michael Adam Haber


Contributor Level 20


Lawyers agree


Best Answer
chosen by asker
Answered If you can then you should hire a private and experienced St. Pete area criminal defense lawyer. The quicker that you do this the faster that a trained professional can begin to negotiate with the State Attorney in an effort to either stave off prosecution or to come up with alternative thereto (perhaps diversion). If you cannot afford a private lawyer hen do not fret, your son will be appointed a PD who will do the same, albeit more slowly. 

If he is out on bod he will have an Arraignment coming up. As I said, it is ideal to have a private lawyer on board before then, but it is not fatal not to. The Arraignment is a perfunctory prcess wherein the State will announce charges, your son will be advised of the same, afforded counsel is he does not then have his own, a plea offer will likely be tendered and he will answer to the charges - AFTER speaking with his lawyer. 

As a 19 y/o first time offender he is in pretty good shape. The resisting charge is troublesome but not fatal to a reasonable resolution. There are many many many sentencing options. I am attaching links to my Avvo Legal Guides on both diversion and sentencing in Florida as they each contain valuable information for you and your son. The diversion guide will inform you of that process and you should note the paragraphs on "Y/O" in the sentencing guide (although I do not think that it will come to that). 

While Avvo (and similar sites) are wonderful sources of generic information it is critical to bear in mind that each case, and each Defendant, is /are different, and as every case is also a fluid experience, there is only so much that any lawyer can tell you about your case on-line; in short there is no substitute for an in person face-to-face consultation. 

Florida has 20 different Judicial Circuits, each of which deals with cases in its own manner. Moreover, each of those Judicial Circuits has a given number of criminal court Judges (each of whom is unique), as well as its own State Attorney's Office (each of which has its own policies and procedures), and a bunch of Assistant State Attorneys (who, although they operate on guidelines as established by their office, are each sentient and independent persons), and each case has its own set of variables ("free radicals" if you will) all of which combine to make it impossible to predict what will happen in a given case. 

Again, the best advise you are going to get on a given case is to find yourself a local experienced criminal defense attorney (in your case in the St. Pete area), make an appointment, show up on time and bring with you as much relevant paperwork or information as possible. 

I hope that this has been helpful and wish you the best of luck! 

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I hope that this has been helpful and wish you the best of luck!
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At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


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